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Full-Text Articles in Law

The Mitrovica Dilemma, Verena Knaus Dec 2004

The Mitrovica Dilemma, Verena Knaus

Chicago-Kent Law Review

This Essay is intended as a thought-provoking contribution to an open discussion on Europe's relationship with Kosovo in the future. The main arguments are based on research undertaken by the European Stability Initiative ("ESI") as part of the Lessons Learned and Analysis Unit, a joint project between ESI and the European Union Pillar of UNMIK. More information on ESI and the Lessons Learned and Analysis Unit can be found on www.esiweb.org.


Economic Integration As A Means For Promoting Regional Political Stability: Lessons From The European Union And Mercosur, Thomas Andrew O'Keefe Dec 2004

Economic Integration As A Means For Promoting Regional Political Stability: Lessons From The European Union And Mercosur, Thomas Andrew O'Keefe

Chicago-Kent Law Review

The Article explores ways to ensure the future economic viability and the territorial integrity of Kosovo, whether as an independent state or as an entity with autonomous powers under the sovereignty of Serbia. The Article discusses the experiences of the European Union and MERCOSUR economic integration projects that have led to permanent peaceful relations among the participating countries, and contributed to overcoming historically bitter rivalries and conflicts. In examining the EU experience, the Article explores how supranational institutions coupled with the concept of subsidiarity have heightened regional autonomy within existing national states and made demands for secession both redundant and …


The Legal And Political Grounds For, And The Influence Of The Actual Situation On, The Demand Of The Albanians Of Kosovo For Independence, Hajredin Kuci Dec 2004

The Legal And Political Grounds For, And The Influence Of The Actual Situation On, The Demand Of The Albanians Of Kosovo For Independence, Hajredin Kuci

Chicago-Kent Law Review

The Article argues in support of the Kosovar Albanians' right to independence and self-determination. By examining the ancient and recent ethnic history of these people and their neighbors, particularly the Serbs, the author brings to light the shared beliefs within each group. Then by examining developments since the dissolution of the Federal Republic of Yugoslavia, through the lenses of international law and politics, the author analyzes the building blocks of sovereign statehood: defined borders, governmental institutions, and international recognition.


Between A Rock And A Hard Place: Sovereignty And International Protection, Fred L. Morrison Dec 2004

Between A Rock And A Hard Place: Sovereignty And International Protection, Fred L. Morrison

Chicago-Kent Law Review

Resolution for final status for Kosovo will require the participants to steer a course between claims of national sovereignty and those of international guarantees and controls. Negotiation of that status will require the parties to resolve a broad range of issues, ranging from economic and transit matters to the protection of minority rights. Establishment of an international commission to protect minority rights, perhaps modeled on the European Commission on Human Rights under the original form of the European Convention on the Protection of Human Rights and Fundamental Freedoms, may be a useful first step in providing non-adversarial resolution of controversies …


The European Union And The Final Status For Kosovo, Adrian Toschev, Gregory Cheikhameguyaz Dec 2004

The European Union And The Final Status For Kosovo, Adrian Toschev, Gregory Cheikhameguyaz

Chicago-Kent Law Review

'This Article presents the current policy of the European Union toward the final status for Kosovo—"Standards before Status"-and analyzes potential future developments of the EU's final status position. The March unrests in Kosovo caused a split among the EU institutions, and the reactions of the EU institutions in response to the unrests have varied. Nonetheless, the March unrests may have been the catalyst for a new discussion within the EU about Kosovo. This Article asks which of the EU institutions is the most important decision maker and determines that, of all of the EU institutions that assume different powers within …


Final Status For Kosovo, Henry H. Perritt Jr. Dec 2004

Final Status For Kosovo, Henry H. Perritt Jr.

Chicago-Kent Law Review

No abstract provided.


European Administrative Proceedings, Sabino Cassese Dec 2004

European Administrative Proceedings, Sabino Cassese

Law and Contemporary Problems

Cassese discusses the third strategy of administrative integration, mixed or composite proceedings in which both Community and national authorities participate. Cassese analyzes how the common element takes root in the national part of the proceeding, what the national and supranational parts consist of, and the extent to which they remain distinct or appear instead as a single unit.


Administrative Proceedings Involving European Agencies, Edoardo Chiti Dec 2004

Administrative Proceedings Involving European Agencies, Edoardo Chiti

Law and Contemporary Problems

Chiti reconstructs the peculiar features of proceedings involving European agencies by analyzing the relevant positive law, administrative practice, and case law. This is to ascertain, in part, what is distinctive about these proceedings, as compared to the other procedural models that are progressively emerging in the Community legal order.


Nov. 4, 2004, Treasury's Crosscutting Issues To Cso Before Meeting With Ifc Re Safeguard Review, Ifc Nov 2004

Nov. 4, 2004, Treasury's Crosscutting Issues To Cso Before Meeting With Ifc Re Safeguard Review, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 4, 2004, Cso Table Critiquing Ifc Performance Standards 1-9, Ifc Nov 2004

Nov. 4, 2004, Cso Table Critiquing Ifc Performance Standards 1-9, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 1, 2004, Ltr From D. Hunter, Pec, To M. Taylor, Cao, Re Changes In Ifc Safeguard Policies, David Hunter Nov 2004

Nov. 1, 2004, Ltr From D. Hunter, Pec, To M. Taylor, Cao, Re Changes In Ifc Safeguard Policies, David Hunter

CAO General 1999-Present

No abstract provided.


Oct. 3 -4, 2004, Agenda, Cso Strategy Session On Ifc Safeguard Review Process With Dhunter Margin Notes, Ifc Oct 2004

Oct. 3 -4, 2004, Agenda, Cso Strategy Session On Ifc Safeguard Review Process With Dhunter Margin Notes, Ifc

IFC E&S Performance Standards

No abstract provided.


Oct. 2004, A. Durbin, Overall Analysis Of Ifc's Draft Performance Standards, Ifc Oct 2004

Oct. 2004, A. Durbin, Overall Analysis Of Ifc's Draft Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.


Oct. 3 -4, 2004, A. Durbin, Cso Strategy Session, Agenda, Draft Platform, And Statement With Margin Notes, Ifc Oct 2004

Oct. 3 -4, 2004, A. Durbin, Cso Strategy Session, Agenda, Draft Platform, And Statement With Margin Notes, Ifc

IFC E&S Performance Standards

No abstract provided.


International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equality Today, Thomas H. Lee Oct 2004

International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equality Today, Thomas H. Lee

Law and Contemporary Problems

The norm of sovereign equality in international law is so resolutely canonical that its precise meaning, origins, and justifications are rarely examined. Whatever the general merits of the norm, its retention seems fairly open to question when one sovereign state appears supremely unequal among 191 states in terms of military power.


The Future And Past Of U.S. Foreign Relations Law, Martin S. Flaherty Oct 2004

The Future And Past Of U.S. Foreign Relations Law, Martin S. Flaherty

Law and Contemporary Problems

The increasing role that the US plays in the world can only mean a correspondingly greater role for foreign affairs law in the US legal community. The Supreme Court has recently cited international and comparative law materials to a striking, and all but unprecedented, degree.


Disaggregating U.S. Interests In International Law, Peter J. Spiro Oct 2004

Disaggregating U.S. Interests In International Law, Peter J. Spiro

Law and Contemporary Problems

The Constitution is so central to American identity that any concession of external constitutional constraints may constitute a threat to national self-determination. This explains the relative intensity of objections to international norms and institutions thought to compromise constitutional discretion, at least in the absence of countervailing interests.


Foreword: Rethinking Reconstruction After Iraq, Diane Marie Amann Oct 2004

Foreword: Rethinking Reconstruction After Iraq, Diane Marie Amann

Scholarly Works

Foreword to a symposium held on March 12, 2004 by the UC Davis Journal of International Law & Policy. Entitled “Rethinking Reconstruction After Iraq,” the symposium was designated a regional meeting of the American Society of International Law and the American Branch of the International Law Association, and further was sponsored by the American National Section of the International Association of Penal Law and the International Human Rights Committee of the Bar Association of San Francisco.


Critique, Culture And Commitment: The Dangerous And Counterproductive Paths Of International Legal Discourse, Geoffrey Hoffman Oct 2004

Critique, Culture And Commitment: The Dangerous And Counterproductive Paths Of International Legal Discourse, Geoffrey Hoffman

Dalhousie Law Journal

In this article, international law is viewed as a social and self-constituting phenomenon As the product of international society's actualization, it contains many biases and prejudices. Given the inherent subjectivity of any system designed to regulate relations between people - and peoples - it is of utmost importance to subject international law to a searching scrutiny of its tendencies to emphasise certain interests, to exalt particular groups and to order society in preconceived ways. This article uncovers the insidious structural biases of international law including those just beneath the surface as well as those that are firmly embedded within the …


Sept. 30, J. Kalafut, Bic, Email To Csos Re Day 3 Rio Discussing Safeguards, Jen Kalafut Sep 2004

Sept. 30, J. Kalafut, Bic, Email To Csos Re Day 3 Rio Discussing Safeguards, Jen Kalafut

IFC E&S Performance Standards

No abstract provided.


Sept. 23, 2004, Cso, Overall Matrix Comparing Pss With Safeguards, Ifc Sep 2004

Sept. 23, 2004, Cso, Overall Matrix Comparing Pss With Safeguards, Ifc

IFC E&S Performance Standards

No abstract provided.


Sept. 22, 2004, Ifc, Draft Ltr From Ifc To Csos Defending Changes In Safeguards, Cao Sep 2004

Sept. 22, 2004, Ifc, Draft Ltr From Ifc To Csos Defending Changes In Safeguards, Cao

CAO General 1999-Present

No abstract provided.


Sept. 17, 2005, Letter From D.Tallant, Cedha To P. Woicke, Exvp, Ifc, Commeting On Pol'y And Ps Consultation, Daniel Tallant Sep 2004

Sept. 17, 2005, Letter From D.Tallant, Cedha To P. Woicke, Exvp, Ifc, Commeting On Pol'y And Ps Consultation, Daniel Tallant

IFC E&S Performance Standards

No abstract provided.


Sept. 14, 2004, M. Miranda And J. Sohn, Wri Comments On Ifc Draft Policy, Marta Miranda, Jon Sohn Sep 2004

Sept. 14, 2004, M. Miranda And J. Sohn, Wri Comments On Ifc Draft Policy, Marta Miranda, Jon Sohn

IFC E&S Performance Standards

No abstract provided.


Sept. 3, 2004, F. Mckay, Draft Comments On Ifc Proposed Ps 7 Indigenous Peoples, Fergus Mckay Sep 2004

Sept. 3, 2004, F. Mckay, Draft Comments On Ifc Proposed Ps 7 Indigenous Peoples, Fergus Mckay

IFC E&S Performance Standards

No abstract provided.


Sept. 2004, Cao, Comparative Matrix Of Accountability Mechanisms, Cao Sep 2004

Sept. 2004, Cao, Comparative Matrix Of Accountability Mechanisms, Cao

CAO General 1999-Present

No abstract provided.


International Legal Compliance: Surveying The Discipline, William C. Bradford Aug 2004

International Legal Compliance: Surveying The Discipline, William C. Bradford

ExpressO

No abstract provided.


Aug. 12, 2004, Ifc, Disclosure Policy Review Briefing Note, Ifc Aug 2004

Aug. 12, 2004, Ifc, Disclosure Policy Review Briefing Note, Ifc

IFC E&S Performance Standards

No abstract provided.


Aug. 12, 2004, Ifc, Consultation Draft Ses Policy And Perf. Standards, Ifc Aug 2004

Aug. 12, 2004, Ifc, Consultation Draft Ses Policy And Perf. Standards, Ifc

IFC E&S Performance Standards

No abstract provided.


Aug. 12, 2004, Ifc, Consultation Draft Policy And Perf. Stnds With D. Hunter Marginal Comments, Ifc Aug 2004

Aug. 12, 2004, Ifc, Consultation Draft Policy And Perf. Stnds With D. Hunter Marginal Comments, Ifc

IFC E&S Performance Standards

No abstract provided.